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The international fight over a 300-year-old treasure-laden Spanish galleon (www.grid.news) similar stories update story
35 points by benbreen | karma 42819 | avg karma 17.23 2022-06-27 10:16:44 | hide | past | favorite | 53 comments



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I always find it very amusing that the Spanish government has the guts to show up and say "hey, guys, so, we actually stole that so can we please have it back?"

Looting the whole continent for centuries was not enough. They want more, of course


If you find this amusing maybe you should spend some time at the British Museum. Like it or not they have the law on their side.

Law that, like being looted, Colombia never agreed to.

Colombia didn’t exist as a country when the ship sank.

Also, international maritime law is, well, international. Unless Colombia decides that they would withdraw from the UN and international courts, of course it will apply to them.


So if I steal something from a country, with my own ship, and it sinks, the country from which I've stolen from automatically loses all rights to recovery of the stolen goods?

It depends. Does that country exist?

Colombia was under the Spanish crown rule between 1525 and 1810, thus there was not a country there, at least not legally.


You're implying there was a Colombian gov't that owned it to begin with. But there wasn't a Colombia.

The article does say Colombia hasn't actually signed that international treaty, so it seems it doesn't apply to them

Speaking of which, If the UK sank it then I'm surprised they haven't claimed it to be theirs.

You mean all those items stolen all over the world when enslaving and murdering civilians in pretty massive scale?

Pretty horrible sight if you ask me, a shame on British soul and something former colonial countries still keep asking forgiveness for, for very good reasons


Technically speaking, they didn’t steal anything since they claimed the American territories as Spanish.

I get what you are saying, but legality and morality are two very different things.


> Technically speaking, they didn’t steal anything since they claimed the American territories as Spanish.

Were there no indigenous people living there previously?


> Were there no indigenous people living there previously?

There were. But the de facto successor to the indigenous governments was the Spanish crown. And the ship sank during Spanish rule.

Spain is not going to claim a galleon loaded with goods taken from the Colombian territories _before_ the 1500s or _after_ 1810.


> There were. But the de facto successor to the indigenous governments was the Spanish crown. And the ship sank during Spanish rule.

Why would that make the "rule" morally fine?


> Why would that make the "rule" morally fine?

It doesn't, but that doesn't really matter. There are many legal things that are immoral.


It is up to us, the people living today, to decide whether Spanish governance at the time was legally legitimate and, therefore, whether the Spanish laws in force at the time should apply. We do not have to accept the Spanish colonial legacy just because the Spanish colonizers claimed to be legitimate.

You cannot back up on laws, unless you are willing to withdraw from all the current international treaties altogether.

Right now, Spain does have a claim on the ship.


> Right now, Spain does have a claim on the ship.

A claim yes, a moral one? Not sure. A legal one? Also not sure.


There were and they overtook and conquered others there before them, the Spanish came after and finally a nation (half the continent excluding Brazil) declared its independence and became a new political entity.

  > Technically speaking, they didn’t steal anything since they claimed the American territories as Spanish.
Russia claims Crimea as Russian.

Russia didn't depose the Ukrainian government. Also, current affairs happen in a much more different legal framework as the ones 300 years ago.

When would you say that the legal framework flipped to the modern sense, from the sense used 300 years ago? Actually interested, not a troll question.

I don't think there is an universal international legal framework, but I would say that, if we take international treaties as bindings between nations, then we should be looking at the late 1800s through the mid 1900s, culminating with the United Nations.

But of course, there are specific international treaties way older than that.


I see, thanks. If anyone feels that there is a specific document that would define the modern interpretation, I'm actually very interested.

There's a sense where the growth of the "universal international legal framework" is more temporal than geographic, i.e. the application of principles of Westphalian Sovereignty to a wider area of the earth (frequently preceded by the new areas' incorporation into European colonial empires at the expense of indigenous "non-Westphalian" governments).

When it came to their European colleagues, 18th-century Spain was perfectly happy to follow international relations principles that we would recognize today. Their conquest of Central and South America was predicated on the Treaty of Tordesillas, in which they and the Portuguese agreed to some lines on a map (with the Pope's help) and went to play "loot the locals".


> Russia didn't depose the Ukrainian government.

Not for lack of trying.


That's not a good analogy, because the people living in Crimea are mostly Russian.

When the Spanish came to America, the people living here certainly weren't Spanish. It was even discussed if the indigenous peoples were human or not.


> they claimed the American territories as Spanish

Against the will of all the natives living in the territory. You can't just show up to a house and claim that it's yours and simply take everything out of it and then take it somewhere else and claim that technically you didn't steal anything because you first claimed it yours lol.


Depends on the natives. Plenty were happy to have the Spaniards as overlords instead of the frankly comically evil Aztecs.

I'd love you back up this claim. There's always collaborators when the alternative is death. Or a bribe. That doesn't mean people were happy about.

My personal experience after visiting many of the former Spanish territories in Central and South America is that these countries do not fondly remember the las conquistadories--who pillaged, raped and slaughtered their way across the continent while proselytizing Christianity.

Many of the people I spoke with lay their countries poverty directly at the feet of Spain and American corporations -- who collectively pillaged their country's natural resources and humiliated indigenous people for over 200 years.

This is why Colombia just elected Petro--who's promised to end the looting of Colombia's natural resources, among other things.


> This is why Colombia just elected Petro--who's promised to end the looting of Colombia's natural resources, among other things.

Too little, too late, isn't it? If they have been fed up for the past 200 years.


While I argue he's the most recent embodiment of that outrage, the populace has been fighting on and off for over two hundred years.

Take the Battle of Boyacá[1] for instance. It was a key turning point where the indigenous population achieved victory over Spanish forces. An event that eventually resulted in the independence of Colombia from Spain and creation of several sovereign states.

[1] https://en.wikipedia.org/wiki/Battle_of_Boyac%C3%A1


They were not comically evil, not sure from which hollywood movie you take your persuasion (apocalypto?)

When there is no police force (like on the global stage) ownership is determined entirely by what you can protect.

Nobody likes this, but there is no alternative.


It still works this way today: For example Russia <> Ukraine, Russia <> Georgia, China <> Tibet, USA <> Philippines, etc.

> You can't just show up to a house and claim that it's yours

In the 1500s, you could.


People still can (and do in some places) today. Only question is are you able to or will anyone help you defend it.

That's basically how every nation on Earth was founded.

> Technically speaking, they didn’t steal anything since they claimed the American territories as Spanish.

I don't see any technical fact of the matter here. These legalistic claims may have been true in the eyes of the Spanish of the time. But the rest of us are free to reject this worldview and, thus, the claims of legality.

Spanish law may say that 1) Spanish law applied in these territories and 2) that they were allowed to take what they took. But none of us have to credit these assertions. We are free to conclude that these assertions of sovereignty were illegitimate and that Spanish law is, therefore, irrelevant.


> Spanish law may say...

This is not about Spanish law, but international maritime law. The ship is Spanish and departed from Spanish territories at the time, thus they have a claim over it.

> We are free to conclude that these assertions of sovereignty were illegitimate and that Spanish law is, therefore, irrelevant.

This is a bit anarchistic. In your scenario, _any_ country may be free from following international treaties and laws, thus why would anyone follow them in the first place?


> This is not about Spanish law, but international maritime law.

This is about your original assertion that "they didn’t steal anything." And the answer to that depends on whatever the law was in the place where the supposed theft occurred. Spain would presumably take the position that this would be Spanish territorial law. But that merely begs the question, since the whole issue is whether Spanish colonial rule was legitimate.

> This is a bit anarchistic.

That's a bit ironic. One might say that it was Spain's colonization that was anarchistic, since it was done in obvious disregard of the laws and customs of the people living on that land at the time. Maybe today they are just dealing with the consequences.

In any case, I would imagine that the matter would be resolved by some sort of tribunal with competent jurisdiction. If they were to conclude that Spain's claim to the treasure were illegitimate because it was ill-gotten, that's hardly anarchism.

Of course, I'm not predicting that this will actually occur. In fact, I'm not sure I'm prepared to argue that it should occur. I'm merely pointing out that, if the assertion is "the Spanish stole," then arguing that they didn't, because the Spanish had colonized the country and claimed it as their territory, isn't very helpful, and perhaps missing the point. The person who thinks "the Spanish stole" would clearly also consider these unilateral Spanish proclamations to be illegitimate--and it's not obvious to me why they would be wrong.

> any_ country may be free from following international treaties and laws

An exaggeration, surely. The argument I'm making is specific to situations where today's legal rights directly depend on the legitimacy of historical territorial claims.


I think this argument is unfounded.

It’s akin to some day Northern California splitting from California and then claiming socal “stole it’s water” or similar argument.

There were some thefts before mining started taking place, but most of the gold was mined by and for the crown.

Also, this is Columbia making the claim, not the locale where the mines existed.


Meta: Discussed three weeks ago [1] but perhaps the fight is intensifying.

[1] https://news.ycombinator.com/item?id=31665466


I hope they would put that much enthusiasm to claim and clean all those ships that sunk in WW2 and massively poluting the oceans while leaking some dark petrol/charcoal mix.

Sounds like some sort of 4-way split is in order. A neutral party could oversee the recovery and inventory of artifacts/loot. Then another neutral party could divide it up among the players.

In Bogotá there is a fantastic museum called Museo del Oro (Museum of Gold).

It houses artifacts made by the indigenous people of Colombia. I hope the cargo of this ship ends there or maybe in a museum in Cartagena.


Yes, its absolutely beautiful.

And remember, it only has the artifacts that Spain _didn't_ successfully steal.

Museums in Barcelona and Madrid still proudly display the bloody artifacts stolen from the hundreds of years they raped, pillaged, slaughtered and enslaved indigenous Americans.


> ... from the hundreds of years they raped, pillaged, slaughtered and enslaved indigenous Americans

Every time I see this, it kind of makes me chuckle.

Many of the colonisers never make it back to Spain. Round trips were absolutely not the norm, thus it is more than likely that most current inhabitants of the Americas are, in fact, their descendants.


Yeah, but that's actually the case generally with conquests. So for instance I'm...well a product of the melting pot, every Western and Northern European nation, but firstmost Irish, and I look Irish. So there, the Norman Invasion and conquests 850 years ago left a genetic legacy by the conquerors, who yes, raped, pillaged, slaughtered and enslaved the others.

Which is par for the course, History is full of that.

And it wasn't a complete annihilition, there were Hiberno-Norse elites and over time the conflict was superseded.

But what were the consequences of this conquest for me?

Blond hair that darkened to brown, bluish-gray eyes, and a red beard. And the surname Cussen, which is Norwegian.

Same goes for the Mestizaje: so in that event many Spanish women did come to the Americas, a quarter of the Spaniards were women, and on special like transport ships for families, personal belongings, and domestic animals. Women weren't allowed on ordinary expedition ships due to the danger. And their descendants don't consider themselves raped, it depends on the era and place, eg Kechwa yes, but Aymara partly, Xauxa not.

On the other hand the Spanish Conquest meant the Americanos could communicate, a Mapuche from Patagonia Argentina can speak Spanish with a Baja Californian perfectly, which was not the case before. They brought many things from the Columbian Exchange, and a religion that syncretised with the local faiths, for instance protecting the Cult of Pachamama, oppressed by the Incan rulers, by changing the format to the Cult of the Virgin Mary, adapted to those lands. Mestizo Jesuses in Central America, which surely resemble the Savior more than the blue-eyed European Jesus.

It's the Leyenda Negra and Leyenda Rosa, black legend and rose legend, neither is true.


Isn't it more along the lines of whoever found the shipwreck + financiers are the ones who accrue most of the value? The original holders of said assets long ago lost claims on them. Why isn't this the case? I realize my take is a bit trite and I do realize that the estimate value is large enough to bring in many varied interests.

> SPANISH galleon

There, you have the legal owner of the galleon.


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